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This document contains the terms by which members and clients of Photolah™ are to make use of any products or services contained on this site. This document may be considered as a right of use document and all users of this website are bound to the fullest extent the law by this document. It is strongly advised that users of this site read these terms and abide by them.
Within this document, “I”, “you”, “them”, “Client” refers to users of this site. If you are accepting the terms provided herewith on behalf of an organization or employer, then “you” shall refer to that employer, organization, or entity. Your acceptance of this terms and conditions would be regarded as been accepted by the employer or organization you represent.
Users below the age of 18 must have parental/guardian permission before commencing use of this site.
IMPORTANT
If you do not agree with the terms as presented within this document, you may present us you’re your own adjusted version of this document. Until this version is approve by a Photolah employee, your continued use of this site shall be regarded as illegal. Once approved, your version of this document shall be what governs your continued use of this site.
Agreement on behalf
In the event you are making use of this site on behalf of a professional body either through your been directly employed by them or otherwise; your acceptance of this Agreement inevitably means they too are in agreement with the terms of this document as they too are bound by law to these the terms contained within this document.
If you do not have such authority to accept terms of this document on behalf of the professional body you represent, or are not in agreement with these terms, it is advised you discontinue your use of this site immediately. Users who do not accept the terms of this document but make use of the site still shall be punishable to the fullest of laws applicable to them.
Right to Change
We reserve the right to change these terms and conditions without prior notice to users of this site.
We highly recommend you go through this document at least once every 6 weeks.
Ignorance shall not be considered a reason to be exempted from any clauses included in any updated versions of this document.
In the event users of this site are notified of changes made to this document, we cannot be held liable for any notifications sent to you but not received by you.
External Links
We cannot be held liable for inaccuracies or liabilities which include but are not limited to the non-provision of service, lack of support, misuse of site, dispute cases, and refund cases arising from users use of any external links originating from this site. Any problems shall be handled by operations of such links and we are bound to intercede in any such case. In the event we intercede, we shall maintain a neutral position and shall not be in support of any party involved.
Users of external links should note that when on our external links, they shall be bound by the terms and privacy policies as indicated by the operators of such links.
We are not responsible for the external links so cannot guarantee their content’s accuracy, reliability, timeliness, and completeness. We also do not guarantee that these links are free from viruses, mal ware, risk ware, or spywares of any kind. We recommend users have anti-virus software installed on any computer systems they use to access these links.
Cookie Agreement
Your use of this site and acceptance of the terms as provided within this document gives us express indication of your agreement to our making use of cookies to make services provided on this site a possibility.
Standard License Terms (Special Agreement)
Your acceptance of this document grants to you a perpetual, non-exclusive and non-transferable license to use the Content as indicated on this site for certain permitted purposes (as defined below).
Permitted Standard License Uses:
Content on this site may be used for advertisement, promotional, and other specified purposes as defined by this clause. With a license in hand, you may not use content indicated as applicable under this special agreement for purposes not indicated here.
You may not replicate this applicable content in products for resale, licenses, legal materials, or items to be in distribution unless the original Content is fundamentally modified or transformed sufficiently enough to warrant its been copyrighted to the author who modified or where it can be considered as unduplicated from the original work.
If your work falls under the category of Permitted Derivative Works which for the purpose of this agreement shall be defined as a work fundamentally modified or transformed that it constitutes an original work entitling the author or artist to copyright protection under applicable law, the said work may not be downloaded, extracted or accessed by any third parties as a stand-alone file.
Any use of the Content that permission has not been granted shall constitute infringement of Photolah copyright and that of the owners of content used.
Permitted Use of Content
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content stated as applicable to this special agreement:
- advertising and promotional projects not for re-sale
- entertainment applications, such as books both electronic and hard cover, book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
- on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels;
- prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
- any other uses approved in writing by Photolah.
If there is any doubt that a proposed use is a Permitted Use, you should contact Photolah’s Client Relations for guidance.
Standard License Prohibitions
Persons given express license as indicated under this special agreement are prohibited from making use of content applicable to this agreement in ways as indicated below:
- Content used in website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates and all other design template applications intended for resale.
- Content must not be used for commercial purposes with the aim of marketing a product or service
- Content must not be used in any posters or other items for resale, license, or other distribution for profit
- Content must not appear as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo
- use the Content in a fashion that is considered by Photolah (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute
- use or display any Content that features a model or person in a manner that would lead a person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement
- display the Content applicable under this agreement in electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement
- use the Content for editorial purposes without adjoining references:
[©Photolah.com/Artist’s Member Name]
Excess Reproduction Run
As regards content applicable to this special agreement, licensed users of content may not reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License. By requesting an extended license, you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction that surpasses the 500,000 reproduction limit. This additional royalty does not apply to advertisements placed in magazines, newspapers, and websites; or to broadcast by television, web-cast or theatrical production.
You further agree to notify Photolah in the event that you reproduce the Content in excess of 500,000 times whether in full or part. Such disclosure notice must be sent to Photolah each month after which the Content has been reproduced in accordance with 500,000 times limit set by this agreement.
Each monthly notice to Photolah must contain the number of reproductions made for that particular month.
Photolah shall invoice you for the fees associated with such excess use as said in this agreement and you agree to pay such invoice within 30 days of receipt.
Kindly ignore the above if you purchase the extended licensed image.
Term of Agreement
This special agreement is effective until it is terminated. You may terminate this agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Photolah if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Photolah in writing that you have complied with these requirements.
Photolah reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, send to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.
Warranty Disclaimer
Photolah.com is provided on ‘AS IS’ basis. There are no warranties of any kind express or implied. Photolah.com to the FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND. These warranties include but are not limited to Warranties of Merchantability, Title, Non-Infringement of Third Party Right, and Fitness for Particular Purpose. We make no warranties about the Accuracy, Reliability, Completeness, or Timeliness of this Site.
Without any limitations, we do not warrant that the site shall operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your usage of the site results directly or indirectly in the need for servicing or replacing equipment or data, Photolah.com cannot be held responsible for those costs or damages.
We make no representations of guarantees regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any Documents, Files, or Information posted by Users, Advertisements partners, Restaurant Owners, or any third Parties. You agree that your usage or reliance on any information, document, and files posted by Users, Advertisement Partners, Restaurant Owners, or any third Parties connected to this site will be at your own risk.
Photolah makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links both external and internal, inaccuracies, or typographical errors.
Limitation of Warranties and Liability
Photolah.com’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content, or out of your actions in downloading the Content, shall be as follows:
You may, upon request to Photolah, be permitted to download the Content again, at a location Photolah will provide for you;
If you continue to be unable to download the Content, Photolah will refund the fee actually paid by you for such Content, provided Photolah determines in its sole and absolute discretion that you have been unable to download such Content successfully.
IN NO EVENT SHALL Photolah OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF Photolah UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO Photolah UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE RELEVANT CONTENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE) Photolah MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE.
Privacy Policy Information
Your acceptance of this terms and conditions document gives us express indication of your being in agreement with both this document and our privacy policy. Please note, as set forth in the Privacy Policy, that we may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, we reserve the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
Indemnification
You agree to indemnify, defend and hold Photolah, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Photolah Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Photolah Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
Acknowledgement
YOU HEREBY ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL PRIOR TO YOUR AGREEING TO IT.
YOU AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE DOCUMENT BINDING YOU AND Photolah.
YOU AGREE THAT THIS DOCUMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT EITHER WRITTEN OR ORAL EXCEPT WHERE STATED OTHERWISE.
Trademark/Copyright
Photolah is a registered trademark of Geese Creative Technology. All rights in respect to this trademark are hereby reserved.
Except where otherwise stated, all other trademarks appearing on this site are properties of their respective owners.
Contact
If you have concerns in relation to this document or your Agreement with this document, please contact us at info@photolah.com
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